166 The Farmer's Business Handbook 



Great care should be taken to include in every 

 lease all the things either party is to do, for there 

 are but few things which will be implied by law 

 as a part of the agreement. Indeed, it is usually 

 said that the only agreements which the law will 

 imply against a landlord are, that he shall assure 

 the tenant that he has power to lease the prem- 

 ises to him, and that the tenant shall have quiet 

 enjoyment of them, and when the lease is of a 

 house, that it shall remain in substantially the 

 same condition until the tenant comes into pos- 

 session, while the only agreements implied against 

 the lessee are to pay the rent and to use the 

 premises in a reasonable and proper manner. All 

 else must be expressed in the lease. 



A tenant should be very careful to surrender 

 the premises immediately upon the expiration of his 

 term. If he does not do so, the landlord may 

 construe his holding over, even though it be for 

 a few days, as an election to take the premises 

 for another year, or such shorter term as the 

 premises were previously hired for, upon the 

 same terms as before; in which event the tenant 

 would be bound to rent for such new term and 

 pay the rent as before. On the other hand, if 

 the landlord does not choose to consider the 

 holding over as an election to take a new term, 

 he may consider it a trespass and begin proceed- 

 ings to put the tenant off the premises. These 



